Mr. Whitehouse (for himself, Mr. Portman, Mr. Cornyn, Mr. Schumer, Mr. Lee, Mr. Blumenthal, and Mr. Hatch) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

March 11, 2014

Reported by Mr. Leahy, with an amendment

Strike out all after the enacting clause and insert the part printed in italic

A BILL

To reduce recidivism and increase public safety, and for other purposes.

1.

Short title

This Act may be cited as the
Recidivism Reduction and Public Safety Act of 2013.

2.

Evidence-based recidivism reduction programming

(a)

In general

Section 3621 of title 18, United States Code, is amended—

(1)

by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and

(2)

by inserting after subsection (e) the following:

(f)

Recidivism reduction programming

(1)

Definitions

In this subsection—

(A)

the term evidence-based recidivism reduction programming—

(i)

means a course of instruction or activities that have been demonstrated to reduce recidivism or
promote successful reentry, which may include vocational training,
cognitive behavioral programming, prison employment, and educational
programming; and

(ii)

includes recovery programming; and

(B)

the term recovery programming means a course of instruction or activities, other than a course described in subsection (e), that
have been demonstrated to reduce drug or alcohol abuse or dependence among
participants, or to promote recovery among individuals who have previously
abused alcohol or drugs.

(2)

Recidivism reduction programs

Subject to the availability of appropriations, the Bureau of Prisons shall offer evidence-based
recidivism reduction programs to prisoners who have been assessed,
pursuant to section 3 of the Recidivism Reduction and Public Safety Act of 2013, to need to participate in the programs.

(3)

Consultation

In carrying out this subsection, the Bureau of Prisons shall consult with other relevant agencies
within the Department of Justice, including the National Institute of
Justice and the Criminal Division, as well as with the Administrative
Office of the Courts, United States Probation and Pretrial Services, the
United States Sentencing Commission, and any other entity as appropriate.

(4)

Credit for successful participation

(A)

In general

The period a prisoner remains in custody after successfully participating in an evidence-based
recidivism reduction program may be reduced, in the discretion of the
Bureau of Prisons, by no more than 60 days per year of participation in
the program, from the term the prisoner must otherwise serve.

(B)

Participation in programs lasting less than 1 year

The credit described in subparagraph may be prorated for prisoners who successfully participate in
evidence-based recidivism reduction programs lasting less than 1 year.

(C)

Bureau of Prisons determination

Any determination as to whether a prisoner has successfully participated in an evidence-based
recidivism reduction program shall be in the sole discretion of the Bureau
of Prisons and no prisoner shall be entitled to a reduction in sentence
pursuant to this subsection.

(D)

Limitation on reduction in sentence

The combined credit awarded under this subsection and subsection (e) may not exceed 15 percent of
the total sentence imposed.

(5)

Partnerships with non-profit organizations

In carrying out this subsection, the Bureau of Prisons shall enter into partnerships, as
appropriate, with non-profit organizations, including faith- and
community-based organizations and educational institutions, that offer
appropriate evidence-based recidivism reduction programming.

(6)

Prioritization

In offering programming to prisoners under this subsection, the Bureau of Prisons shall give
preference to—

(A)

prisoners with earlier anticipated release dates; and

(B)

prisoners who have demonstrated the greatest need for such programming.

(7)

Report to Congress

Beginning 2 years after the date of enactment of this Act, and every year thereafter, the Bureau of
Prisons shall submit to the Committee on the Judiciary and the Committee
on Appropriations of the House of Representatives and the Committee on the
Judiciary and the Committee on Appropriations of the Senate a report that
describes—

(A)

all evidence-based recidivism reduction programming offered pursuant to this section and the Bureau
of Prisons facilities in which such programming was offered;

(B)

the number of participants in each such recidivism reduction program at each institution; the
number who successfully participated in such program; and the amount of
credit for such successful participation awarded; and

(C)

the partnerships with non-profit organizations entered into pursuant to paragraph (5).

.

(b)

Effective date

The amendments made by this section shall take effect 180 days after the date of enactment of this
Act.

3.

Individual recidivism risk factor and needs assessment

(a)

Development of methodology and procedures

(1)

In general

Not later than 180 days after the date of enactment of this Act, the Attorney General shall
develop a methodology and procedure to assess the recidivism risk factors
of all prisoners committed to the custody of the Bureau of Prisons for a
term of imprisonment other than life imprisonment and to identify
programming to reduce the risk factors.

(2)

Consultation

In developing the methodology and procedure required under paragraph (1), and in updating the
methodology and procedure as appropriate, the Attorney General shall—

(A)

use available research in the field;

(B)

consult with academic and other experts as appropriate; and

(C)

consult with the Administrative Office of the Courts, United States Probation and Pretrial
Services, the United States Sentencing Commission, and any other entity as
appropriate.

(b)

Assessments of prisoners

The Bureau of Prisons shall use the methodology and procedure developed under subsection (a) to
assess each prisoner’s recidivism risk factors and to identify
evidence-based recidivism reduction programming (as defined in section
3621(f) of title 18, United States Code, as added by this Act) likely to
address such recidivism risk factors.

(c)

Time period for assessments

(1)

Sentencing after date of enactment

For prisoners sentenced to a term of imprisonment after the date that is 180 days after the date
of enactment of this Act, the Bureau of Prisons shall complete the
assessment required by this section as soon as is practicable after the
prisoner is sentenced.

(2)

Prior sentencing

(A)

Definition

In this paragraph, the term covered prisoner means a prisoner sentenced to a term of imprisonment, other than life imprisonment, on or before
the date that is 180 days after the date of enactment of this Act.

(B)

Requirement

The Bureau of Prisons shall complete the assessment required by this section—

(i)

for not less than 20 percent of the total number of covered prisoners not later than 2 years after
the date of enactment of this Act;

(ii)

for not less than 40 percent of the total number of covered prisoners not later than 3 years after
the date of enactment of this Act;

(iii)

for not less than 60 percent of the total number of covered prisoners not later than 4 years after
the date of enactment of this Act;

(iv)

for not less than 80 percent of the total number of covered prisoners not later than 5 years after
the date of enactment of this Act; and

(v)

for all covered prisoners not later than 6 years after the date of enactment of this Act.

(d)

Update of assessments

The Bureau of Prisons shall update the assessment of each prisoner required by this section on an
appropriate schedule of review and reassessment, as determined by the
Bureau of Prisons.

(e)

Reporting on recidivism rates

(1)

In general

Beginning 1 year after the date of enactment of this Act, and every year thereafter, United States
Probation and Pretrial Services shall report to Congress and the
Department of Justice on rates of recidivism among individuals who have
been released from Federal prison and who are under the supervision of
United States Probation and Pretrial Services.

(2)

Contents

The report required under paragraph (1) shall contain information on rates of recidivism among
former Federal prisoners, including information on rates of recidivism
among former Federal prisoners based on the following criteria:

(A)

Primary offense charged.

(B)

Length of sentence.

(C)

Bureau of Prisons facility or facilities in which the prisoner’s sentence was served.

(D)

Recidivism reduction programming in which the prisoner successfully participated, if any.

(E)

The prisoner’s assessed risk of recidivism pursuant to subsection (b).

4.

Promoting successful reentry

(a)

Federal reentry demonstration projects

(1)

Evaluation of existing best practices for reentry

Not later than 180 days after the date of enactment of this Act, the Administrative Office of the
Courts, in consultation with the Attorney General, shall—

(A)

evaluate best practices used for the reentry into society of individuals released from the custody
of the Bureau of Prisons, including conducting examinations of reentry
practices in State and local justice systems and consulting with Federal,
State, and local prosecutors, Federal, State, and local public defenders,
and nonprofit organizations that provide reentry services; and

(B)

shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on
the Judiciary of the Senate a report that details the evaluation
conducted under subparagraph (A).

(2)

Creation of reentry demonstration projects

Not later than 1 year after the date of enactment of this Act, the Attorney General, in
consultation with the Administrative Office of the United States Courts,
shall select an appropriate number of Federal judicial districts which
shall conduct Federal reentry demonstration projects using the best
practices identified in the evaluation conducted under paragraph (1). The
Attorney General shall determine the appropriate number of Federal
judicial districts to conduct demonstration projects under this paragraph.

(3)

Project design

For each Federal judicial district selected under paragraph (2), the United States Attorney, in
consultation with the Chief Judge, Chief Federal Defender, and the Chief
Probation Officer, shall design a Federal reentry demonstration project
for the Federal judicial district in accordance with paragraph (4).

(4)

Project elements

A project designed under paragraph (3) shall coordinate efforts by Federal agencies to assist
participating prisoners in preparing for and adjusting to reentry into the
community and may include, as appropriate—

(A)

the use of community correctional facilities and home confinement, as determined to be appropriate
by the Bureau of Prisons;

(B)

a reentry review team for each prisoner to develop a reentry plan specific to the needs of the
prisoner, and to meet with the prisoner following transfer to monitor the
reentry plan;

(C)

steps to assist the prisoner in obtaining health care, housing, and employment, before the
prisoner’s release from a community correctional facility or home
confinement;

(D)

regular drug testing;

(E)

a system of graduated levels of supervision and immediate sanctions for violations of the
conditions of participation in the project;

the participation of volunteers to serve as advisors and mentors to prisoners being released into
the community; and

(H)

steps to ensure that the prisoner makes satisfactory progress toward satisfying any obligations to
victims of the prisoner’s offense, including any obligation to pay
restitution.

(5)

Review of project outcomes

Not later than 5 years after the date of enactment of this Act, the Administrative Office of the
Courts, in consultation with the Attorney General, shall—

(A)

evaluate the results from each Federal judicial district selected under paragraph (2), including
the extent to which participating prisoners released from the custody of
the Bureau of Prisons were successfully reintegrated into their
communities, maintained employment, and refrained from committing further
offenses; and

(B)

submit to the Committee on the Judiciary of the House of Representatives and the Committee on the
Judiciary of the Senate a report that contains—

(i)

the evaluation of the best practices identified in the report required under paragraph (1); and

(ii)

the results of the demonstration projects required under paragraph (2).

(b)

Study on the impact of reentry on certain communities

(1)

In general

Not later than 2 years after the date of enactment of this Act, the Attorney General, in
consultation with the Administrative Office of the Courts, shall submit to
the Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate a report on the impact of reentry
of prisoners on communities in which a disproportionate number of
individuals reside upon release from incarceration.

(2)

Contents

The report required under paragraph (1) shall analyze the impact of reentry of individuals released
from both State and Federal correctional systems as well as State and
Federal juvenile justice systems, and shall include—

(A)

an assessment of the reentry burdens borne by local communities;

(B)

a review of the resources available in such communities to support successful reentry, including
resources provided by State, local, and Federal governments, the extent
to which those resources are used effectively; and

(C)

recommendations to strengthen the resources in such communities available to support successful
reentry and to lessen the burden placed on such communities by the need to
support reentry.

5.

Additional tools to promote recovery and prevent drug and alcohol abuse and dependence

In addition to the information required by rule 32(d) of the Federal Rules of Criminal Procedure,
the report submitted pursuant to subsection (a) shall contain the
following information, unless such information is required to be excluded
pursuant to rule 32(d)(3) of the Federal Rules of Criminal Procedure or
except as provided in paragraph (2):

(A)

Information about the defendant’s history of substance abuse and addiction, if any.

(B)

A detailed plan, which shall include the identification of programming provided by the Bureau of
Prisons that is appropriate for the defendant’s needs, that the probation
officer determines will—

(i)

reduce the likelihood the defendant will abuse drugs or alcohol;

(ii)

reduce the defendant’s likelihood of recidivism by addressing the defendant’s specific recidivism
risk factors; and

(iii)

assist the defendant preparing for reentry into the community.

(2)

Exception

The information described in paragraph (1)(B) shall not be required to be included under paragraph
(1) if the applicable sentencing range under the sentencing guidelines, as
determined by the probation officer, includes a sentence of life
imprisonment.

;

(C)

in subsection (c), as redesignated, in the first sentence, by striking subsection (a) or (c) and insertion subsection (a) or (d); and

(D)

in subsection (d), as redesignated, by striking subsection (a) or (b) and inserting subsection (a) or (c).

(2)

Technical and conforming amendment

Section 3672 of title 18, United States Code, is amended in the eighth undesignated paragraph by
striking subsection (b) or (c) and inserting subsection (c) or (d).

(b)

Promoting full utilization of residential drug treatment

Section 3621(e)(2) of title 18, United States Code, is amended by adding at the end the following:

(C)

Commencement of treatment

Not later than 3 years after the date of enactment of the Recidivism Reduction and Public Safety Act of 2013, the Bureau of Prisons shall ensure that each eligible prisoner has an opportunity to commence
participation in treatment under this subsection by such date as is
necessary to ensure that the prisoner completes such treatment not later
than 1 year before the date on which the prisoner would otherwise be
released from custody prior to the application of any reduction in
sentence pursuant to this paragraph.

.

(c)

Supervised release pilot program To reduce recidivism and improve recovery from alcohol and drug
abuse

(1)

In general

Not later than 2 years after the date of enactment of this Act, United States Probation and
Pretrial Services shall establish a recidivism reduction and recovery
enhancement pilot program, premised on high-intensity supervision and the
use of swift, predictable, and graduated sanctions for noncompliance with
program rules, in Federal judicial districts selected by the
Administrative Office of the Courts in consultation with the Attorney
General.

(2)

Requirements of program

Participation in the pilot program required under paragraph (1) shall be subject to the following
requirements:

(A)

Upon entry into the pilot program, the court shall notify program participants of the rules of the
program and consequences for violating such rules, including the penalties
to be imposed as a result of such violations pursuant to paragraph (E).

(B)

Probation officers shall conduct regular drug testing of all pilot program participants with a
history of substance abuse.

(C)

In the event that a probation officer determines that a participant has violated a term of
supervised release, the officer shall notify the court within 24 hours of
such violation.

(D)

As soon as is practicable, and in no case more than 1 week after the violation was reported by the
probation officer, absent good cause, the court shall conduct a hearing on
the alleged violation.

(E)

If the court determines that a program participant has violated a term of supervised release, it
shall impose an appropriate sanction, which may include the following, if
appropriate:

(i)

Modification of the terms of such participant’s supervised release, which may include imposition of
a period of home confinement.

(ii)

Referral to appropriate substance abuse treatment.

(iii)

Revocation of the defendant’s supervised release and the imposition of a sentence of incarceration
that is no longer than necessary to punish the participant for such
violation and deter the participant from committing future violations.

(iv)

For participants who habitually fail to abide by program rules or pose a threat to public safety,
termination from the program.

(3)

Status of participant if incarcerated

(A)

In general

In the event that a program participant is sentenced to incarceration as described in paragraph
(2)(E)(iii), the participant shall remain in the program upon release from
incarceration unless terminated from the program in accordance with
paragraph (2)(E)(iv).

(B)

Policies for maintaining employment

The Bureau of Prisons, in consultation with the Chief Probation Officers of the Federal judicial
districts selected for participation in the pilot program required under
paragraph (1), shall develop policies to enable program participants
sentenced to terms of incarceration as described in paragraph (2)(E) to,
where practicable, serve the terms of incarceration while maintaining
employment, including allowing the terms of incarceration to be served on
weekends.

(4)

Advisory sentencing policies

(A)

In general

The United States Sentencing Commission, in consultation with the Chief Probation Officers, the
United States Attorneys, Federal Defenders, and Chief Judges of the
districts selected for participation in the pilot program required under
paragraph (1), shall establish advisory sentencing policies to be used by
the district courts in imposing sentences of incarceration in accordance
with paragraph (2)(E).

(B)

Requirement

The advisory sentencing policies established under subparagraph (A) shall be consistent with the
stated goal of the pilot program to impose predictable and graduated
sentences that are no longer than necessary for violations of program
rules.

(5)

Duration of program

The pilot program required under paragraph (1) shall continue for not less than 5 years and may be
extended for not more than 5 years by the Administrative Office of the
Courts.

(6)

Assessment of program outcomes and report to Congress

(A)

In general

Not later than 6 years after the date of enactment of this Act, the Administrative Office of the
Courts shall conduct an evaluation of the pilot program and submit to
Congress a report on the results of the evaluation.

(B)

Contents

The report required under subparagraph (A) shall include—

(i)

the rates of substance abuse among program participants;

(ii)

the rates of violations of the terms of supervised release by program participants, and sanctions
imposed;

(iii)

information about employment of program participants;

(iv)

a comparison of outcomes among program participants with outcomes among similarly situated
individuals under the supervision of United States Probation and Pretrial
Services not participating in the program; and

(v)

an assessment of the effectiveness of each of the relevant features of the program.

6.

Calculation of good-time credit

(a)

In general

Section 3624(b) of title 18, United States Code, is amended—

(1)

by striking paragraph (1) and inserting the following:

(1)

Subject to paragraphs (2) and (3)(C), a prisoner who is serving a term of imprisonment of more than
1 year, other than a term of imprisonment for the duration of the
prisoner’s life, shall receive credit toward the service of the prisoner’s
sentence, in addition to the time actually served by the prisoner,
beginning on the date on which the sentence of the prisoner commences, at
the rate of 54 days per year of sentence imposed, if the Bureau of Prisons
determines that the prisoner has displayed exemplary compliance with
institutional disciplinary regulations.

; and

(2)

by striking paragraphs (3) and (4) and inserting the following:

(3)(A)

This subsection shall apply to all prisoners serving a term of imprisonment for offenses committed
on or after November 1, 1987.

(B)

With respect to a prisoner serving a term of imprisonment on the date of enactment of the Recidivism Reduction and Public Safety Act of 2013, this subsection shall apply to the entirety of the sentence imposed on the prisoner, including
time already served.

(C)

A prisoner may not be awarded credit under this subsection that would cause the prisoner to be
eligible for release earlier than the time already served by the prisoner
on the imposed sentence.

.

(b)

Effective date

The amendments made by subsection (a) shall take effect 90 days after the date of enactment of this
Act.

7.

Authorization of appropriations

There are authorized to be appropriated to the Department of Justice to carry out this Act such
sums as may be necessary for each of fiscal years 2015 through 2019.

1.

Short title

This Act may be cited as the
Recidivism Reduction and Public Safety Act of 2014.

2.

Recidivism reduction programming and productive activities

(a)

In general

Not later than 1 year after the date of enactment of this Act, the Attorney General shall—

(1)

conduct a review of recidivism reduction programming and productive activities, including prison
jobs, offered in correctional institutions, including programming and
activities offered in State correctional institutions, which shall include
a review of research on the effectiveness of such programs;

(2)

conduct a survey to identify products, including products purchased by Federal agencies, that are
currently manufactured overseas and could be manufactured by prisoners
participating in a prison work program without reducing job opportunities
for other workers in the United States; and

(3)

submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the
Committee on the Judiciary and the Committee on Appropriations of the
House of Representatives a strategic plan for the expansion of recidivism
reduction programming and productive activities, including prison jobs, in
Bureau of Prisons facilities required by section 3621(h)(1) of title 18,
United States Code, as added by subsection (b).

The Director of the Bureau of Prisons, shall, subject to the availability of appropriations, make
available to all eligible prisoners appropriate recidivism reduction
programming or productive activities, including prison jobs, in accordance
with paragraph (2).

(2)

Expansion period

In carrying out this subsection, the Director of the Bureau of Prisons shall have 6 years beginning
on the
date of enactment of this subsection
to ensure appropriate recidivism reduction programming and productive
activities, including prison jobs, are available for all eligible
prisoners.

(3)

Recidivism reduction partnerships

Not later than 18 months after the date of enactment of this subsection, the Attorney General shall
issue regulations requiring the official in charge of each correctional
facility to ensure, subject to the availability of appropriations, that
appropriate recidivism reduction programming and productive activities,
including prison jobs, are available for all eligible prisoners within the
time period specified in paragraph (2), by entering
into partnerships with the following:

(A)

Nonprofit organizations, including faith-based and community-based organizations, that provide
recidivism reduction programming, on a paid or volunteer basis.

(B)

Educational institutions that will deliver academic classes in Bureau of Prisons
facilities, on a paid or volunteer basis.

(C)

Private entities that will, on a volunteer basis—

(i)

deliver occupational and vocational training and certifications in Bureau of Prisons facilities;

(ii)

provide equipment to facilitate occupational and vocational training or employment opportunities
for prisoners;

In assigning prisoners to recidivism reduction programming and productive activities, the Director
of the Bureau of Prisons shall use the Post-Sentencing Risk and Needs
Assessment System described in section 3621A and shall ensure that—

(A)

to the extent practicable, prisoners are separated from prisoners of other risk classifications in
accordance with best practices for effective recidivism reduction;

(B)

a prisoner who has been classified as low risk and without need for recidivism reduction
programming shall participate in and successfully complete productive
activities, including prison jobs, in order to maintain a low-risk
classification;

(C)

a prisoner who has successfully completed all recidivism reduction programming to which the
prisoner was assigned shall participate in productive activities,
including a prison job; and

(D)

to the extent practicable, each eligible prisoner shall participate in and successfully complete
recidivism reduction programming or productive activities, including
prison jobs, throughout the entire term of incarceration of the prisoner.

(5)

Mentoring services

Any person who provided mentoring services to a prisoner while the prisoner was in a penal or
correctional facility of
the Bureau of Prisons shall be permitted to continue such services after
the prisoner has been transferred into prerelease custody, unless the
person in charge of the penal or correctional facility of the Bureau of
Prisons demonstrates, in a written document submitted to the person, that
such services would be a significant security risk to the prisoner,
persons who provide such services, or any other person.

(6)

Recidivism reduction program incentives and rewards

Prisoners who have successfully completed recidivism reduction programs and productive activities
shall be eligible for the following:

(A)

Time credits

(i)

In general

Subject to clauses (ii) and (iii), a prisoner who has successfully completed a recidivism
reduction program or productive activity shall receive time credits of 5
days for each period of 30 days of successful completion of such program
or activity. A prisoner who is classified as low risk shall receive
additional time credits of 5 days for each period of 30 days of successful
completion of such program or activity.

(ii)

Availability

A prisoner may not receive time credits under this subparagraph for successfully completing a
recidivism reduction program or productive activity—

(I)

before the date of enactment of this subsection; or

(II)

during official detention before the date on which the prisoner’s sentence commences under section
3585(a).

(iii)

Exclusions

No credit shall be awarded under this subparagraph to a prisoner serving a sentence for a second or
subsequent conviction for a Federal offense imposed after the date on
which the prisoner’s first such conviction became final. No credit shall
be awarded under this subparagraph to a prisoner who is in criminal
history category VI at the time of sentencing. No credit shall
be awarded under this subparagraph to any prisoner serving a sentence of
imprisonment for conviction for any of the following offenses:

Engaging in a continuing criminal enterprise, as defined in section 408 of the Controlled
Substances Act (21 U.S.C. 848).

(VI)

A Federal fraud offense for which the prisoner received a sentence of imprisonment of more than 15
years.

(VII)

A Federal crime involving child exploitation, as defined in section 2 of the
PROTECT Our Children Act of 2008 (42 U.S.C. 17601).

(iv)

Identification of covered offenses

Not later than 1 year after the date of enactment of this subsection, the United States Sentencing
Commission
shall prepare and submit to the Director of the Bureau of Prisons a list
of all Federal offenses described in subclauses (I) through (VII) of
clause
(iii),
and shall update such list on an annual basis.

(B)

Other incentives

The Bureau of Prisons shall develop policies to provide appropriate incentives for successful
completion of recidivism reduction programming and productive activities,
other than time credit
pursuant to subparagraph (A), including incentives for prisoners who are
precluded from earning
credit under subparagraph (A)(iii). Such incentives may include
additional
telephone or visitation privileges for use with family, close friends,
mentors, and religious leaders.

(C)

Penalties

The Bureau of Prisons may reduce rewards a prisoner has previously earned under subparagraph (A)
for prisoners who violate the rules of the penal or correctional facility
in which the prisoner is imprisoned, a recidivism reduction program, or a
productive activity.

(D)

Relation to other incentive programs

The incentives described in this paragraph shall be in addition to any other rewards or incentives
for which a prisoner may be eligible, except that a prisoner shall not be
eligible for the time credits described in subparagraph (A) if the
prisoner
has accrued time credits under another provision of law based solely upon
participation in, or successful completion of, such program.

(7)

Successful completion

For purposes of this subsection, a prisoner—

(A)

shall be considered to have successfully completed a recidivism reduction program or productive
activity, if the Bureau of Prisons determines that the prisoner—

(i)

regularly attended and participated in the recidivism reduction program or productive activity;

(ii)

regularly completed assignments or tasks in a manner that allowed the prisoner to realize the
criminogenic benefits of the recidivism reduction program or productive
activity;

(iii)

did not regularly engage in disruptive behavior that seriously undermined the administration of the
recidivism reduction program or productive activity; and

(iv)

satisfied the requirements of clauses (i) through (iii) for a time period that is not less than
30 days and allowed the prisoner to realize the criminogenic benefits
of the recidivism reduction program or productive activity; and

(B)

for purposes of paragraph (6)(A), may be given credit for successful completion of a
recidivism reduction program or productive activity for the time period
during which the prisoner participated in such program or activity
if the prisoner satisfied the requirements of subparagraph (A)
during such time period, notwithstanding that the prisoner continues to
participate in such program or activity.

(8)

Definitions

In this subsection:

(A)

Eligible prisoner

For purposes of this subsection, the term eligible prisoner—

(i)

means a prisoner serving a sentence of incarceration for conviction of a Federal offense; and

would present a security risk if permitted to participate in recidivism reduction programming; or

(III)

is serving a sentence of incarceration of less than 1 month.

(B)

Productive activity

The term productive activity—

(i)

means a group or individual activity, including holding a job as part of a prison work
program, that is designed to allow prisoners classified as having a lower
risk of recidivism to maintain such classification, when offered to such
prisoners; and

(ii)

may include the delivery of the activities described in subparagraph (C)(i)(II) to other prisoners.

(C)

Recidivism reduction program

The term recidivism reduction program—

(i)

means a group or individual activity that—

(I)

has been shown by evidence to reduce recidivism or promote successful reentry; and

(II)

may include—

(aa)

classes on social learning and life skills;

(bb)

classes on morals or ethics;

(cc)

academic classes;

(dd)

cognitive behavioral treatment;

(ee)

mentoring;

(ff)

occupational and vocational training;

(gg)

faith-based classes or services;

(hh)

victim-impact classes or other restorative justice programs; and

(ii)

a prison job; and

(ii)

shall include—

(I)

a productive activity; and

(II)

recovery programming.

(D)

Recovery programming

The term recovery programming means a course of instruction or activities, other than a course described in subsection (e), that
has been demonstrated to reduce drug or alcohol abuse or
dependence among participants, or to promote recovery among individuals
who have previously abused alcohol or drugs.

Not later than 30 months after the date of the enactment of this section, the Attorney General
shall
develop for use by the
Bureau of Prisons an offender risk and needs assessment system, to be
known as the Post-Sentencing Risk and Needs Assessment System or the Assessment System, which shall—

(1)

assess and determine the recidivism risk level of all prisoners and classify each prisoner as
having a low, moderate, or high risk of recidivism;

(2)

ensure that, to the extent practicable, low-risk prisoners are grouped together in
housing and assignment decisions;

(3)

assign each prisoner to appropriate recidivism reduction programs or productive activities based on
the prisoner’s risk level and the specific criminogenic needs of the
prisoner, and in accordance with section 3621(h)(4);

(4)

reassess and update the recidivism risk level and programmatic needs of each prisoner pursuant to
the
schedule set forth in subsection (c)(2), and assess changes in the
prisoner’s recidivism risk within a particular risk level; and

(5)

provide information on best practices concerning the tailoring of recidivism reduction programs to
the specific criminogenic needs of each prisoner so as to effectively
lower the prisoner’s risk of recidivating.

(b)

Development of system

(1)

In general

In designing the Assessment System, the Attorney General shall—

(A)

use available research and best practices in the field and consult with academic and other criminal
justice experts as appropriate; and

(B)

ensure that the Assessment System measures indicators of progress
and improvement, and of regression, including newly acquired skills,
attitude, and behavior changes over time, through meaningful consideration
of dynamic risk factors, such that—

(i)

all prisoners at each risk level other than low risk have a
meaningful opportunity to progress to a lower risk
classification during the period of the incarceration of the prisoner
through changes in
dynamic risk factors; and

(ii)

all prisoners on prerelease custody, other than prisoners classified as low risk, have a
meaningful opportunity to progress to a lower risk classification during
such custody through
changes in dynamic risk factors.

(2)

Risk and needs assessment tools

In carrying out this subsection, the Attorney General shall—

(A)

develop a suitable intake assessment tool to perform the initial assessments and determinations
described in subsection (a)(1), and to make the assignments described in
subsection (a)(3);

(B)

develop a suitable reassessment tool to perform the reassessments and updates described in
subsection (a)(4); and

(C)

develop a suitable tool to assess the recidivism risk level of prisoners in prerelease custody.

(3)

Use of existing risk and needs assessment tools permitted

In carrying out this subsection, the Attorney General may use existing risk and needs
assessment tools, as appropriate, for the assessment tools required
under paragraph (2).

(4)

Validation

In carrying out this subsection, the Attorney General shall statistically validate the risk and
needs assessment tools on the Federal prison population, or ensure that
the tools have been so validated. To the extent such validation cannot
be
completed with the time period specified in subsection (a), the Attorney
General shall ensure that such validation is completed as soon as is
practicable.

(5)

Relationship with existing classification systems

The Bureau of Prisons may incorporate its existing Inmate Classification System into the
Assessment System if the
Assessment System assesses the
risk level and criminogenic needs of each prisoner and determines the
appropriate security level institution for each prisoner.
Before the development of the Assessment
System, the Bureau of Prisons may use the existing Inmate
Classification System, or a pre-existing risk and needs assessment tool
that can be used to classify prisoners consistent with subsection (a)(1),
or can be reasonably adapted for such purpose, for purposes of this
section, section 3621(h), and section 3624(c).

(c)

Risk assessment

(1)

Initial assessments

Not later than 30 months after the date on which the Attorney General develops the Assessment
System, the Bureau of Prisons
shall
determine the risk level
of
each prisoner using the Assessment System.

(2)

Reassessments and updates

The Bureau of Prisons shall update the assessment of each prisoner required under paragraph (1)—

(A)

not less frequently than once each year for any prisoner whose anticipated release date is within 3
years;

(B)

not less frequently than once every 2 years for any prisoner whose anticipated release date is
within 10 years; and

(C)

not less frequently than once every 3 years for any other prisoner.

(d)

Assignment of recidivism reduction programs or productive activities

The Assessment System shall provide guidance on the kind and amount of recidivism reduction
programming or
productive activities appropriate for each prisoner.

(e)

Bureau of prisons training

The Attorney General shall develop training protocols and programs for Bureau of Prisons officials
and employees responsible for administering the Assessment System. Such
training protocols shall include a
requirement that personnel of the Bureau of Prisons demonstrate competence
in using the methodology and procedure developed under this section on a
regular basis.

(f)

Quality assurance

In order to ensure that the Bureau of Prisons is using the Assessment System in an appropriate and
consistent manner, the Attorney
General shall monitor and assess the use of the Assessment System and
shall conduct periodic audits of the use of the
Assessment System at facilities of the Bureau of Prisons.

(g)

Determinations and classifications unreviewable

Subject to any constitutional limitations, there shall be no right of review, right of appeal,
cognizable property interest, or cause of action, either administrative or
judicial, arising from any determination or classification made by any
Federal agency or employee while implementing or administering the
Assessment System, or any rules or
regulations promulgated under this section.

(h)

Definitions

In this section:

(1)

Dynamic risk factor

The term dynamic risk factor means a characteristic or attribute that has been shown to be relevant to assessing
risk of recidivism and that can be modified based on a prisoner’s actions,
behaviors, or attitudes, including through completion of appropriate
programming or other means, in a prison setting.

(2)

Recidivism risk

The term recidivism risk means the likelihood that a prisoner will commit additional crimes for which the prisoner could be
prosecuted in a Federal, State, or local court in the United States.

in paragraph (1), by striking the period at the end of the second sentence and inserting or home confinement, subject to the limitation that no prisoner may serve more than 10 percent of
the prisoner’s imposed sentence in home confinement pursuant to this
paragraph.;

In addition to any time spent in prerelease custody pursuant to paragraph (1), a prisoner shall
spend an additional portion of the final months of the prisoner’s
sentence, equivalent to the amount of time credit the prisoner has earned
pursuant to section 3621(h)(6)(A), in prerelease custody, if—

(A)

the
prisoner’s most recent risk and needs assessment, conducted within 1 year
of the date on which the prisoner would first be eligible for transfer to
prerelease custody pursuant to paragraph (1) and this paragraph, reflects
that the prisoner is classified as low or moderate risk; and

(B)

for a prisoner classified as moderate risk, the prisoner’s most recent risk and
needs assessment reflects that the prisoner’s risk of recidivism has
declined during the period of the prisoner’s incarceration.

(3)

Types of prerelease custody

A prisoner eligible to serve a portion of the prisoner’s sentence in prerelease custody pursuant
to paragraph (2) may serve such portion in a residential reentry center,
on home confinement, or, subject to paragraph (5), on community
supervision.

Upon placement in home confinement pursuant to paragraph (2), a prisoner shall—

(i)

be subject to 24-hour electronic monitoring that enables the prompt identification of any violation
of clause (ii);

(ii)

remain in the prisoner’s residence, with the exception of the following activities, subject to
approval by the Director of the Bureau of Prisons—

(I)

participation in a job or job-seeking activities;

(II)

participation in recidivism reduction programming or productive activities assigned by the
Post-Sentencing Risk and Needs Assessment System, or similar activities
approved in advance by the Director of the Bureau of Prisons;

(III)

participation in community service;

(IV)

crime victim restoration activities;

(V)

medical treatment; or

(VI)

religious activities; and

(iii)

comply with such other conditions as the Director of the Bureau of Prisons deems appropriate.

(B)

Alternative means of monitoring

If compliance with subparagraph (A)(i) is infeasible due to technical limitations or religious
considerations, the
Director of the Bureau of Prisons may employ alternative
means of monitoring that are determined to be as effective as or more
effective than electronic monitoring.

(C)

Modifications

The Director of the Bureau of Prisons may modify the conditions of the prisoner’s home confinement
for compelling reasons, if the prisoner’s record demonstrates exemplary
compliance with such
conditions.

(5)

Community supervision

(A)

Time credit less than 36 months

Any prisoner described in subparagraph (D) who has earned time credit of less than 36 months
pursuant to section 3621(h)(6)(A)
shall be eligible to serve no more than one-half of the amount of such
credit on community supervision, if the prisoner satisfies the
conditions
set forth in subparagraph (C).

(B)

Time credit of 36 months or more

Any prisoner described in subparagraph (D) who has earned time credit of 36 months or more
pursuant to section 3621(h)(6)(A)
shall be eligible to serve the amount of such credit exceeding 18 months
on community supervision, if the prisoner satisfies the
conditions set
forth in subparagraph (C).

(C)

Conditions of community supervision

A prisoner placed on community supervision shall be subject to such conditions as the Director of
the Bureau of Prisons deems appropriate. A prisoner on community
supervision may remain on community supervision until the conclusion of
the prisoner’s sentence of incarceration if the prisoner—

(i)

complies with all conditions of prerelease custody;

(ii)

remains current on any financial obligations imposed as part of the prisoner’s sentence,
including payments of court-ordered restitution arising from the offense
of conviction; and

(iii)

refrains from committing any State, local, or Federal offense.

(D)

Covered prisoners

A prisoner described in this subparagraph is a prisoner who—

(i)

is classified as low risk by the Post-Sentencing Risk and Needs Assessment System in the
assessment conducted for purposes of paragraph (2); or

(ii)

is subsequently classified as low risk by the Post-Sentencing Risk and Needs Assessment System.

(6)

Violations

If a prisoner violates a condition of the prisoner’s prerelease custody, the Director of the Bureau
of Prisons may revoke the prisoner’s prerelease custody and require the
prisoner to serve the remainder of the prisoner’s term of incarceration,
or any portion thereof, in prison, or impose additional conditions on the
prisoner’s prerelease custody as the Director of the Bureau of Prisons
deems
appropriate. If the violation is non-technical in nature, the Director of
the Bureau of Prisons shall revoke the prisoner’s prerelease custody.

(7)

Credit for prerelease custody

Upon completion of a prisoner’s sentence, any term of supervised release imposed on the prisoner
shall be reduced by the amount of time the prisoner served in prerelease
custody pursuant to paragraph (2).

(8)

Agreements with United States Probation and Pretrial Services

The Director of the Bureau of Prisons shall, to the extent practicable, enter into agreements with
the United States Probation and Pretrial Services to supervise prisoners
placed in home confinement or community supervision under this subsection.
Such agreements may authorize United States Probation and Pretrial
Services to exercise the authority granted to the Director of the Bureau
of
Prisons pursuant to paragraphs (4), (5), and (12). United States Probation
and
Pretrial Services shall, to the extent practicable, offer assistance to
any prisoner not under its supervision during prerelease custody under
this subsection.

; and

(5)

by inserting at the end the following:

(12)

Determination of appropriate conditions for prerelease custody

In determining appropriate conditions for prerelease custody pursuant to this subsection, and in
accordance with paragraph (5), the
Director of the Bureau of Prisons shall, to the extent practicable,
subject prisoners who demonstrate continued compliance with the
requirements of such prerelease custody to increasingly less restrictive
conditions, so as to most effectively prepare such prisoners for reentry.
No prisoner shall be transferred to community supervision unless the
length of the prisoner's eligibility for community supervision pursuant to
paragraph (5) is equivalent to or greater than the length of the
prisoner's remaining period of prerelease custody.

(13)

Aliens subject to deportation

If the prisoner is an alien whose deportation was ordered as a condition of supervised release or
who is subject to a detainer filed by Immigration and Customs Enforcement
for the purposes of determining the alien’s deportability, the Director
of
the Bureau of Prisons shall, upon the prisoner’s transfer
to prerelease custody pursuant to paragraphs (1) and (2), deliver the
prisoner to
United States Immigration and Customs Enforcement for the purpose of
conducting proceedings relating to the alien’s deportation.

(14)

Notice to court

(A)

In general

The Director of the Bureau of Prisons may not transfer a prisoner to prerelease custody pursuant to
paragraph (2) if the prisoner has been sentenced to a term of
incarceration of more
than 3 years, unless the Director of the
Bureau of Prisons provides prior notice to
the sentencing court.

(B)

Time requirement

The notice required under subparagraph (A) shall be provided not later than 6
months before the date on which the prisoner is to be transferred.

(C)

Contents of notice

The notice required under subparagraph (A) shall include the following information:

(i)

The amount of credit earned
pursuant to paragraph (2).

(ii)

The anticipated date of the prisoner’s
transfer.

(iii)

The nature of the prisoner’s planned prerelease custody.

(iv)

The prisoner's behavioral record.

(v)

The most recent risk assessment of the prisoner.

(D)

Hearing

(i)

In general

The court may, on motion of the Government or on the court's own motion, conduct a hearing on the
prisoner's transfer to prerelease custody.

(ii)

Prisoner's presence

The prisoner shall have the
right to be
present at a hearing described in clause (i), which right the prisoner may
waive.

(iii)

Motion

A motion
filed by the Government seeking a hearing—

(I)

shall set forth the basis for
the Government’s request that the prisoner’s transfer be denied or
modified pursuant to subparagraph (E); and

(II)

shall
not require the Court to conduct a hearing described in clause (i).

(E)

Determination of the Court

The court may deny the transfer of the prisoner to prerelease custody or modify the terms of such
transfer, if, after conducting a hearing pursuant to subparagraph (D), the
court
finds in writing, by a preponderance of the evidence, that the transfer of
the
prisoner is inconsistent with the factors specified in paragraphs (2),
(6), and (7) of section 3553(a).

.

(b)

Effective date

The amendments made by this section shall take effect 1 year after the date of enactment of this
Act.

5.

Reports

(a)

Annual reports

Not later than 1 year after the date of enactment of this Act, and every year thereafter, the
Attorney General shall submit to the appropriate committees of Congress a
report that contains the following:

(1)

A summary of the activities and accomplishments of the Attorney General in carrying out this Act
and the amendments made by this Act.

(2)

An assessment of the status and use of the Post-Sentencing Risk and Needs Assessment System by the
Bureau of Prisons, including the number of prisoners classified at each
risk level under the Post-Sentencing Risk and Needs Assessment System at
each facility of the Bureau of Prisons.

(3)

A summary and assessment of the types and effectiveness of the recidivism reduction programs and
productive activities in facilities operated by the Bureau of Prisons,
including—

(A)

evidence about which programs and activities have been shown to reduce recidivism;

(B)

the capacity of each program and activity at each facility, including the number of prisoners along
with the risk level of each prisoner enrolled in each program and
activity; and

(C)

identification of any problems or shortages in capacity of such programs and activities, and how
these should be remedied.

(4)

An assessment of budgetary savings
resulting from this Act and the amendments made by this Act, to include—

(A)

a summary of savings resulting from the transfer of prisoners into prerelease custody under this
Act and the amendments made by this
Act;

(B)

a summary of savings resulting from any decrease in recidivism that may be attributed to the
implementation of the Post-Sentencing Risk
and Needs Assessment System or the increase in recidivism reduction
programs and productive activities required by this Act and the amendments
made by this Act; and

(C)

a strategy to reinvest such savings into other Federal, State, and local law enforcement activities
and expansions of
recidivism reduction programs and productive activities in the Bureau of
Prisons.

(b)

Prison work programs report

Not later than 180 days after the date of enactment of this Act, the Attorney General shall submit
to the appropriate committees of Congress a report on the status of prison
work programs at facilities operated by the Bureau of Prisons, including—

(1)

a strategy to expand the availability of such programs without reducing job opportunities for
workers in the United States who are not in the custody of the Bureau of
Prisons;

(2)

an assessment of the feasibility of expanding such programs, consistent with the strategy required
under paragraph (1), so that, not later than 5 years after the date of
enactment of this Act, not less than 75 percent of eligible low-risk
offenders have the opportunity to participate in a prison work program for
not less than 20 hours per week; and

(3)

a detailed discussion of legal authorities that would be useful or necessary to achieve the goals
described in paragraphs (1) and (2).

(c)

Reporting on recidivism rates

(1)

In general

Beginning 1 year after the date of enactment of this Act, and every year thereafter, the Attorney
General, in consultation with the Administrative Office of the United
States Courts, shall report to the appropriate committees of Congress on
rates of recidivism among individuals who have been released from Federal
prison and who are under judicial supervision.

(2)

Contents

The report required under paragraph (1) shall contain information on rates of recidivism among
former Federal prisoners, including information on rates of recidivism
among former Federal prisoners based on the following criteria:

(A)

Primary offense charged.

(B)

Length of sentence imposed and served.

(C)

Bureau of Prisons facility or facilities in which the prisoner’s sentence was served.

(D)

Recidivism reduction programming that the prisoner successfully completed, if any.

(E)

The prisoner’s assessed risk of recidivism.

(3)

Assistance

The Administrative Office of the United States Courts shall provide to the Attorney General any
information in its possession that is necessary for the completion of the
report required under paragraph (1).

(d)

Reporting on excluded prisoners

Not later than 8 years after the date of enactment of this Act, the Attorney General shall submit
to the appropriate committees of Congress a report on the effectiveness of
recidivism reduction programs and productive activities offered to
prisoners described in section 3621(h)(6)(A)(iii) of title 18, United
States Code, as added by this Act, as well as those
ineligible for credit toward prerelease custody under section 3624(c)(2)
of title 18, United States Code, as added by this Act,
which shall review the effectiveness of different categories
of incentives in reducing recidivism.

(e)

Definition

The term appropriate committees of Congress means—

(1)

the Committee on the Judiciary and the Subcommittee on Commerce, Justice, Science, and Related
Agencies of the Committee on Appropriations of the Senate; and

(2)

the Committee on the Judiciary and the Subcommittee on Commerce, Justice, Science, and Related
Agencies of the Committee on Appropriations of the House of
Representatives.

6.

Promoting successful reentry

(a)

Federal reentry demonstration projects

(1)

Evaluation of existing best practices for reentry

Not later than 2 years after the date of enactment of this Act, the Attorney General, in
consultation with the Administrative Office of the United States Courts,
shall—

(A)

evaluate best practices used for the reentry into society of individuals released from the custody
of the Bureau of Prisons, including—

(i)

conducting examinations of reentry
practices in State and local justice systems; and

(ii)

consulting with Federal,
State, and local prosecutors, Federal, State, and local public defenders,
nonprofit organizations that provide reentry services, and criminal
justice experts; and

(B)

submit to the Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives a report that details the
evaluation conducted
under subparagraph (A).

(2)

Creation of reentry demonstration projects

Not later than 3 years after the date of enactment of this Act, the Attorney General, in
consultation with the Administrative Office of the United States Courts,
shall, subject to the availability of appropriations, select an
appropriate number of Federal judicial districts to
conduct Federal reentry demonstration projects using the best
practices identified in the evaluation conducted under paragraph (1). The
Attorney General shall determine the appropriate number of Federal
judicial districts to conduct demonstration projects under this paragraph.

(3)

Project design

For each Federal judicial district selected under paragraph (2), the United States Attorney, in
consultation with the Chief Judge, the Chief Federal Defender, the Chief
Probation Officer, the Bureau of Justice Assistance, the National
Institute of Justice, and criminal justice experts shall design a Federal
reentry demonstration project for the Federal judicial district in
accordance with paragraph (4).

(4)

Project elements

A project designed under paragraph (3) shall coordinate efforts by Federal agencies to assist
participating prisoners in preparing for and adjusting to reentry into the
community and may include, as appropriate—

(A)

the use of community correctional facilities and home confinement, as determined to be appropriate
by the Bureau of Prisons;

(B)

a reentry review team for each prisoner to develop a reentry plan specific to the needs of the
prisoner, and to meet with the prisoner following transfer to monitor the
reentry plan;

(C)

steps to assist the prisoner in obtaining health care, housing, and employment, before the
prisoner’s release from a community correctional facility or home
confinement;

(D)

regular drug testing for participants with a history of substance abuse;

(E)

substance abuse treatment, which may include addiction treatment medication, if appropriate,
medical treatment, including mental health treatment, occupational,
vocational and
educational training, life skills instruction, recovery support, conflict
resolution training, and other programming to promote effective
reintegration into the community;

(F)

the participation of volunteers to serve as advisors and mentors to prisoners being released into
the community;

(G)

steps to ensure that the prisoner makes satisfactory progress toward satisfying any obligations to
victims of the prisoner’s offense, including any obligation to pay
restitution; and

(H)

the appointment of a reentry coordinator in the United States Attorney’s Office.

(5)

Review of project outcomes

Not later than 5 years after the date of enactment of this Act, the Administrative Office of the
United States Courts, in consultation with the Attorney General, shall—

(A)

evaluate the results from each Federal judicial district selected under paragraph (2), including
the extent to which participating prisoners released from the custody of
the Bureau of Prisons were successfully reintegrated into their
communities, including whether the participating prisoners maintained
employment, and refrained from committing further offenses; and

(B)

submit to the Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives a report that contains—

(i)

the evaluation of the best practices identified in the report required under paragraph (1); and

(ii)

the results of the demonstration projects required under paragraph (2).

(b)

Study on the impact of reentry on certain communities

(1)

In general

Not later than 2 years after the date of enactment of this Act, the Attorney General, in
consultation with the Administrative Office of the United States Courts,
shall submit to the Committee on the Judiciary of the Senate and the
Committee on
the Judiciary of the House of Representatives a report
on the impact of reentry of prisoners on communities in which a
disproportionate number of individuals reside upon release from
incarceration.

(2)

Contents

The report required under paragraph (1) shall analyze the impact of reentry of individuals released
from both State and Federal correctional systems as well as State and
Federal juvenile justice systems, and shall include—

(A)

an assessment of the reentry burdens borne by local communities;

(B)

a review of the resources available in such communities to support successful reentry, including
resources provided by State, local, and Federal governments, the extent to
which those resources are used effectively; and

(C)

recommendations to strengthen the resources in such communities available to support successful
reentry and to lessen the burden placed on such communities by the need to
support reentry.

(c)

Facilitating reentry assistance to veterans

(1)

In general

Not later than 2 months after the date of the commencement of a prisoner’s sentence pursuant to
section 3585(a) of
title 18, United States Code, the Director of the Bureau of Prisons shall
notify the Secretary of Veterans Affairs if the prisoner’s presentence
report, prepared pursuant to section 3552 of title 18, United States Code,
indicates that the prisoner has previously served in the Armed Forces of
the United States
or if the prisoner has so notified the Bureau of Prisons.

(2)

Post-commencement notice

If
the prisoner informs the Bureau of Prisons of the prisoner’s prior
service in the Armed Forces of the United States after the commencement of
the prisoner’s sentence, the
Director of the Bureau of Prisons shall notify the Secretary of Veterans
Affairs not later than 2 months after the date on which the prisoner
provides such notice.

(3)

Contents of notice

The
notice provided by the Director of the Bureau of Prisons to the Secretary
of Veterans Affairs under this subsection shall include the identity of
the prisoner, the
facility in which the prisoner is located, the prisoner’s offense of
conviction, and the length of the prisoner’s sentence.

(4)

Access to VA

The Bureau of
Prisons shall provide the Department of Veterans Affairs with reasonable
access to any prisoner who has previously served in the Armed Forces of
the United States for purposes of facilitating that prisoner’s reentry.

7.

Additional tools to promote recovery and prevent drug and alcohol abuse and dependence

In addition to the information required by rule 32(d) of the Federal Rules of Criminal Procedure,
the report submitted pursuant to subsection (a) shall contain the
following information, unless such information is required to be excluded
pursuant to rule 32(d)(3) of the Federal Rules of Criminal Procedure or
except as provided in paragraph (2):

(A)

Information about the defendant’s history of substance abuse and addiction, if applicable.

(B)

Information about the defendant’s service in the Armed Forces of the United States and veteran
status, if applicable.

(C)

A detailed plan, which shall include the identification of programming provided by the Bureau of
Prisons that is appropriate for the defendant’s needs, that the probation
officer determines will—

(i)

reduce the likelihood the defendant will abuse drugs or alcohol if the defendant has a history of
substance abuse;

(ii)

reduce the defendant’s likelihood of recidivism by addressing the defendant’s specific recidivism
risk factors; and

(iii)

assist the defendant in preparing for reentry into the community.

(2)

Exceptions

The information described in paragraph (1)(C)(iii) shall not be required to be included under
paragraph (1), in the discretion of the Probation Officer, if the
applicable sentencing range under the sentencing guidelines, as determined
by the probation officer, includes a sentence of life imprisonment or a
sentence of probation.

;

(C)

in subsection (c), as redesignated, in the first sentence, by striking subsection (a) or (c) and inserting subsection (a) or (d); and

(D)

in subsection (d), as redesignated, by striking subsection (a) or (b) and inserting subsection (a) or (c).

Not later than 3 years after the date of enactment of this subparagraph, the Director of the Bureau
of Prisons shall ensure that each eligible
prisoner has an opportunity to commence participation in treatment under
this subsection by such date as is necessary to ensure that the prisoner
completes such treatment not later than 1 year before the date on which
the prisoner would otherwise be released from custody prior to the
application of any reduction in sentence pursuant to this paragraph.

(D)

Other credits

The
Director of the Bureau of Prisons may, in the Director’s discretion,
reduce the credit awarded under subsection (h)(6)(A) to a prisoner who
receives a reduction under subparagraph (B), but such reduction may
not exceed one-half the amount of the reduction awarded to the prisoner
under subparagraph (B).

.

(c)

Supervised release pilot program to reduce recidivism and improve recovery from alcohol and drug
abuse

(1)

In general

Not later than 2 years after the date of enactment of this Act, the Administrative Office of the
United States Courts shall establish a recidivism reduction and recovery
enhancement pilot program, premised on high-intensity supervision and the
use of swift, predictable, and graduated sanctions for noncompliance with
program rules, in Federal judicial districts selected by the
Administrative Office of the United States Courts in consultation with the
Attorney General.

(2)

Requirements of program

Participation in the pilot program required under paragraph (1) shall be subject to the following
requirements:

(A)

Upon entry into the pilot program, the court shall notify program participants of the rules of the
program and consequences for violating such rules, including the penalties
to be imposed as a result of such violations pursuant to paragraph (E).

(B)

Probation officers shall conduct regular drug testing of all pilot program participants with a
history of substance abuse.

(C)

In the event that a probation officer determines that a participant has violated a term of
supervised release, the officer shall notify the court within 24 hours of
such determination, absent good cause.

(D)

As soon as is practicable, and in no case more than 1 week after the violation was reported by the
probation officer, absent good cause, the court shall conduct a hearing on
the alleged violation.

(E)

If the court determines that a program participant has violated a term of supervised release, it
shall impose an appropriate sanction, which may include the following, if
appropriate:

(i)

Modification of the terms of such participant’s supervised release, which may include imposition of
a period of home confinement.

(ii)

Referral to appropriate substance abuse treatment.

(iii)

Revocation of the defendant’s supervised release and the imposition of a sentence of incarceration
that is no longer than necessary to punish the participant for such
violation and deter the participant from committing future violations.

(iv)

For participants who habitually fail to abide by program rules or pose a threat to public safety,
termination from the program.

(3)

Status of participant if incarcerated

(A)

In general

In the event that a program participant is sentenced to incarceration as described in paragraph
(2)(E)(iii), the participant shall remain in the program upon release from
incarceration unless terminated from the program in accordance with
paragraph (2)(E)(iv).

(B)

Policies for maintaining employment

The Bureau of Prisons, in consultation with the Chief Probation Officers of the Federal judicial
districts selected for participation in the pilot program required under
paragraph (1), shall develop policies to enable program participants
sentenced to terms of incarceration as described in paragraph (2)(E) to,
where practicable, serve the terms of incarceration while maintaining
employment, including allowing the terms of incarceration to be served on
weekends.

(4)

Advisory sentencing policies

(A)

In general

The United States Sentencing Commission, in consultation with the Chief Probation Officers, the
United States Attorneys, Federal Defenders, and Chief Judges of the
districts selected for participation in the pilot program required under
paragraph (1), shall establish advisory sentencing policies to be used by
the district courts in imposing sentences of incarceration in accordance
with paragraph (2)(E).

(B)

Requirement

The advisory sentencing policies established under subparagraph (A) shall be consistent with the
stated goal of the pilot program to impose predictable and graduated
sentences that are no longer than necessary for violations of program
rules.

(5)

Duration of program

The pilot program required under paragraph (1) shall continue for not less than 5 years and may be
extended for not more than 5 years by the Administrative Office of the
United States Courts.

(6)

Assessment of program outcomes and report to congress

(A)

In general

Not later than 6 years after the date of enactment of this Act, the Administrative Office of the
United States Courts shall conduct an evaluation of the pilot program and
submit to Congress a report on the results of the evaluation.

(B)

Contents

The report required under subparagraph (A) shall include—

(i)

the rates of substance abuse among program participants;

(ii)

the rates of violations of the terms of supervised release by program participants, and sanctions
imposed;

(iii)

information about employment of program participants;

(iv)

a comparison of outcomes among program participants with outcomes among similarly situated
individuals under the supervision of United States Probation and Pretrial
Services not participating in the program; and

(v)

an assessment of the effectiveness of each of the relevant features of the program.

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